Liability in a Truck Accident Claim
Every truck accident is unique to its own set of circumstances, but every truck accident claim is complicated. A truck accident is more likely than a car accident to have been caused by the negligence of several sources. In fact, the truck driver, the trucking company, the truck manufacturer, and the truck mechanics can all shoulder and/or share fault in a truck accident. Truck driver error - When truck drivers get behind the wheel of their rigs, they take on an immense responsibility to maneuver that massive vehicle safely through traffic. As such, these drivers are held to far more restrictive rules and regulations. Truck drivers are charged with safely adhering to the rules of the road, with following the strict hours-behind-the-wheel regulations, with refraining from impairment of any kind, with eschewing driving distractions, and with much more. Ultimately, truck drivers are responsible for attending to regular maintenance checks to ensure that their rigs are roadworthy and to operating that rig safely. Truck drivers are often directly responsible for truck accidents on our roadways. Truck drivers who are tired and/or distracted pose such a significant hazard on our roads, that these are common acts of negligence at issue in truck accident claims. Tired truck drivers - Truck drivers’ livelihoods depend upon the number of miles they cover. As the trucking industry continues to grow exponentially, the scheduling demands on truck drivers continue to ratchet tighter and tighter. Truck drivers must balance meeting their deadlines, maneuvering through restrictive safety regulations, and making a living. Sometimes, truck drivers make the dangerous decision to forego strictly following the regulations in favor of getting the job done. Eschewing the safety regulations that limit hours behind the wheel of the rig leaves truck drivers tired, and tired truck drivers—just like other drivers—are dangerous truck drivers. In fact, fatigued drivers are less alert, take longer to react to traffic situations, have shortened attention spans, and are more inclined to make unsafe driving decisions. Fatigued truck drivers pose a significant threat on our roadways. Distracted truck drivers - Distracted driving is dangerous driving, and when the distracted driver happens to be manning a massive semi-truck that’s loaded with cargo, it becomes more dangerous still. Smartphone usage has become so much a part of our lives that distracted driving is on the rise—truck drivers are no different. Distracted driving has become so prevalent that the National Highway Traffic Safety Administration (NHTSA) devotes significant attention to the subject. NHTSA defines distracted driving as any driving in which the drive’s attention is diverted from the paramount task of driving safely. Further, distractions are classified into three distinct categories that include visual, manual, and cognitive distractions. Such distractions can include any number of activities, but smartphone interaction like texting, which incorporates all three distraction classifications, is the most dangerous. Writing or reading a text takes an average of 5 seconds, and this means that when a truck driver is barreling down the highway at 55 mph while engaged in texting, that truck driver drives blind for the length of a football field. Nobody wants that. In fact, the FMCSA strictly prohibits truck drivers from texting while driving. Smartphone use—though it is the pinnacle of distractions—is far from the only distraction that truck drivers may be tempted to engage in. When truck drivers get behind the wheels of their rigs, they’re not only driving—they’re also working, and that work involves detailed recordkeeping and communications. As such, many truck drivers are distracted by other elements of their job while they’re behind the wheel of their rigs:
- Calculating trip times and distances
- Interacting with a dispatch device
- Reading a map—or anything else
- Reading, compiling, or attending to the trucking logbook
- Contending with complex tasks like keeping the cab’s safety mirrors clean
- Fielding work-related calls
Truck drivers are charged with carrying out exhausting tasks within strict timelines, but their primary responsibility is to drive safely. Driving under the influence of distractions makes truck drivers more prone to causing dangerous accidents. Trucking company liability. The trucking company also shoulders a heavy burden. The trucking company is responsible for hiring safe, experienced, and reliable drivers in the first place. When these companies don’t perform the due diligence necessary to employ safe truck drivers, they share the responsibility for any accidents those truck drivers may cause. Further, the trucking company is responsible for maintaining a safe fleet of semis and for hiring experienced, skilled, and dependable mechanics to keep the rigs safe. The trucking company is also charged with keeping its truck drivers’ driving schedules within the realm of imposed restrictions. When trucking companies push their drivers past these limits, they share the responsibility for what ensues. Truck mechanics. The trucking company is responsible for keeping a safe fleet of trucks and for hiring well-qualified mechanics to accomplish this goal. The mechanics themselves, however, are responsible for faithfully carrying out maintenance and repairs within the safety standards of the industry. Truck mechanics can be found to have contributed to or even caused truck accidents. Truck manufacturers. Trucks are massive machines comprised of complicated webs of moving parts. When these parts are faulty in design, function, or manufacture, the truck manufacturer can be implicated in the truck accident claim. Truck accident claims often demand careful investigation into what caused or contributed to the crash, among numerous other issues. If you’ve been injured in such accident, your job is to attend to recovering your health—your team of experienced truck accident lawyers and legal professionals will attend to the important task of investigating the accident’s cause and to effectively and efficiently represent your claim.
